(1) An arbitration clause is a collateral term of a contract as distinguished from its substantive terms; but nonetheless it is an integral part of it; (2) however comprehensive the terms of an arbitration clause may be, the existence of the contract..
Act in which provision analogous to s. 392 is absent. The sponsors of the scheme under s. 206 of the U.K. Act have tried to get over the difficulty by taking power in the scheme of compromise or arrangement to make alterations and modifications as pr..
The bare reading of section shows that in order to succeed under Section 8 of the 1996 Act it is necessary that the subject-matter of suit should be covered by the arbitration agreement executed between the parties. Once this condition is satisfied t..
Income-tax Act (11 of 1922), s. 23A and Explanation-Memoran- dum and Articles of Association empowering directors to refuse to register transfer of shares without assigning any reason-If element of free transfer eliminated. In the absence of evide..
A trader may acquire a commodity in which he is dealing, for, his own purposes, and hold it apart from the stock-in-trade of his business. There is no presumption that such an acquisition, even if it is an accretion to the stock-in-trade of the busin..
For forming an 'Association of Persons' the members ,of the association must join together for the purpose of producing income. An 'Association of Persons' can be formed only when two or more individuals voluntarily combine together for a certain pur..
forward transactions in respect of stock iwill be in the nature of hedging contracts.the existence of contract of sale is a condition precedent to attract clause (a) of proviso to section 43(5) of the Act, it stands relaxed to the extent allowed by C..
In a case of sale of goods simpliciter by a non-resident to a resident in India , if the consideration for sale is received abroad and the property in the goods also passes to the purchaser outside India , no income accrues or arises or deemed to ac..
whether tax at source is to be deducted for the following type of transactions: • Commission payable to above said non-residents on export earnings; and • Retainer fees payable to above said non-residents apart from commission payab..
even in the case of international commercial arbitrations held out of India provisions of Part-I would apply unless the parties by agreement, express or implied, exclude all or any of its provisions.the non obstante clause would over ride the entiret..
When Rule 67 categorically states that Summons for Directions shall be moved ex-parte, the question of prejudice or rule of natural justice does not come into play; if at the threshold stage of directions to convene a meeting of creditors and members..
It is only if a company intends to offer its shares to the public for subscription by issue of a prospectus that it must apply to the Stock Exchange for permission to list its shares in terms of section 73 of Companies Act, before issuing such a pros..
Income Tax Act, 1961, Sections 72, 80AB and 80HHC - Business profit - Determination of business profits u/s 80HHC, the unabsorbed business losses of the earlier years u/s 72 of the Act are to be set off against the profits from export. (Paras 6 and ..
(A) Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to an..
Sections 13(4)(a), 17(1) and 31 – Enforcement of security – Secured assets – Interpretation – Interim stay in respect of land claimed to be agricultural land –Neel Madhav Mining (P.) Ltd. v. Authorised Officer, Union Bank of India [2005] 67 CLA 134..
Section 34 read with article 226 of the Constitution of India – Corporate veil – Lifting of – Challenge by way of writ to order of District Forest Officer considering certain firm and certain company as one entity – Nandh Products Promoters (P.) L..
(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..
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